HomeMy WebLinkAboutA6 Bridger Center Murphy Eminent Domain
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Wendy Thomas, Director of Community Development
Craig Woolard, Director of Public Works
SUBJECT: Bridger Center LLC Request for the City Commission to Initiate Eminent Domain Proceedings Against the Private Park in Bridger Creek Phase 1 to Provide Utility and Emergency Access for development of Certificate of
Survey 885.
MEETING DATE: March 2, 2015
AGENDA ITEM TYPE: Action
RECOMMENDED MOTION: Having considered the request of Bridger Center LLC to
initiate eminent domain proceedings for the establishment of utility and emergency vehicle
access to COS 885 across the Public Park in Bridger Creek Phase 1 and having considered
public comment, I hereby move to authorize the City Attorney to prepare for the Commission a
resolution initiating condemnation proceedings as requested by Bridger Center LLC.
BACKGROUND: Bridger Center LLC is requests the City initiate eminent domain to provide
utility and emergency vehicle access to property located west of Boylan Road and north of
Commercial Drive, as shown on the attached survey. The property seeks to develop the property.
The property across which Bridger Center LLC requests the City initiate eminent domain is described as the Private Park on the west side of Bridger Creek Phase 1 and lies just west of Boylan Road. The property that would benefit from the proposal is described as Certificate of
Survey 885, is currently not annexed to the City, and lies west and south west of the Public Park
east of the East Gallatin Recreation Area, and just north of Commercial Drive. In addition, the
requested easements would burden the 20 foot Public Linear Trail Corridor Easement as provided for on the final plat of Bridger Creek Phase 1.
Only the Commission may authorize eminent domain proceedings.
The applicant states that he has approached the owner of the property over which he is seeking
an easement, Bridger Creek Home Owners Association, and the owner has refused to provide the
requested easement(s). Chapter 2, Article 7 of the Bozeman Municipal Code provides the Commission’s authority regarding eminent domain. The use of eminent domain is strictly limited to public purposes. 2.07.010, BMC. Under this section, the use of eminent domain is prohibited
for economic development as defined below:
360
Sec. 2.07.010. - Extent of power. A. The city shall have the power, known as eminent domain, to condemn and take property
for all public purposes and city uses and purposes. The extent of the power and authority
shall not be limited to the uses described in MCA title 70, chapters 30 and 31 (MCA 70-30-101 et seq., and MCA 70-31-101 et seq.) and Urban Renewal Law, MCA title 7, chapter 15, parts 42 and 43 (MCA 7-15-4201 et seq. and MCA 7-15-4301 et seq.); but
shall be limited as follows:
1. Prohibiting eminent domain for economic development. Notwithstanding any other
provision of law, neither the city nor any of its subdivisions shall use eminent domain to take private property for economic development without the consent of the owner.
2. Economic development. The term "economic development" means the use of powers
of eminent domain to acquire private property for private use in the implementation
of an urban renewal project or similar redevelopment plan.
3. Prohibiting transfer of condemned property to private parties. Notwithstanding any other provision of law, private property acquired through eminent domain without the consent of the owner shall not be dedicated, sold, leased in substantial part, or
otherwise transferred to a private person, partnership, corporation, or any other entity
for a period of ten years following the acquisition of the property by the city, except
that property may be transferred or leased:
a. To private entities that are public utilities or common carriers such as a railroad or toll road; and
b. To private entities that occupy an incidental area in a public project, such as a
retail establishment on the ground floor of a public building.
Should the Commission choose to initiate these proceedings, the property interests condemned by the City may not be transferred to a private entity except as provided above.
To commence eminent domain, the Commission must adopt a resolution. 2.07.020, BMC. The
proceedings follow state law. 2.03.040, BMC.
Annexation of the land into the City of Bozeman would be a positive step in the progressive
growth of the City; however, utility and emergency vehicle access can be provided through the existing infrastructure on Commercial Drive.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: Should the Commission initiate eminent domain proceedings, the City
Attorney estimates legal fees and costs associated with such proceedings could be $30,000 or more. In addition, the City must pay the value of the property taken. At this time, an appraisal of the value of the easements has not been conducted.
Attachments:
Letter of Request from Bridger Center LLC
Morrison Maierle, Inc Survey of Parcel showing proposed easement locations
Report compiled on: February 19, 2015
361
362
363
364
365
366